Wichita eagle., 1887-12-10
SEWER MUDDLE.
WICHITA. KAN, Dec. 9. 1857

To the Editor of the Eagle:
Permit me, through your columns, to cor
rect some statements made in the article
headed Threatened Slip in THURSDAYS
EAGLE. The statement that Mr. Brown
was led to believe that | had promised him
the right of way through my premises is
not true and in the nature of the case
could not have had even the shadow of
fact, for the best of reasons, viz: that he
had never spoken word to me upon that
subject or any other. l was at home at
time possession was taken and excavation
was made, but had no knowledge of its be-
ing done until after its completion, but
found it out when / went to show ii party
some lots on my addition and could not
readily reach because of sewer excavation
on one side and the old ditch along the
other side. Upon returning | at once found
councilman and told him how matters
were, at which he expressed surprise and
promised to speak TO the sewer committee,
which no doubt he did as man soon ap-
peared at my Office and introduced him
self as Mr.. Brown, of the sewer committee
This last fact occupants of my office re-
member. In the conversation there he ex-
cused himself in the matter by saving he
had not given much attention to the mat
ter, but that Mr.. Healy had been, and had
evidently forgotten me. l then made
proposition TO offer no objection to the
enterprise, as | was in sympathy with it
as it was needed badly, provided council
would at once relinqulSh their claim upon
old ditch to me across my land and fill up
the same whenever the Topeka avenue
sewer Shold come into use, which arrange
ment had already been entered into by
SITUATE situation nss same e as Nine nine Ais Mr. Brown
agreed to and assured me that was the in
tention of council, and that he would at
tend TO 1t at the next meeting of council.
Days passed, a council meeting was held,
but no mention was made
OF nv matter as promised.
The following dav I called upon Mr.
Brown and asked why he did not bring up
my matter last night as promised, and was
answered with little excuse Not being
satisfied with the excuse l mentioned that
the condition of my proposition meant
immediate attention and was reassured
that the conditions were entirely satisfac
tory and he would attend TO the matter at
next meeting without fail.
From that time on for weeks I called
upon Mr.. Brown, at least weekly and some
times semi-Weekly, and was met with eX-
cuses for not doing and promising for the
future, until | became disguised and EN-
ployed Attorney Mr.. Noah Allen, who put
my proposition in writing and called upon
our city attorney to see If the matter could
be arranged. He referred him to chair
man Brown as the proper man to see. Mr..
Brown was then seen and promised and
really did do something in the council that
caused the matter to be referred to him.
Just where it was before the move, and
there it. has remained for months so far as
| know. My attorney has been at home
almost every day since but no committee
has come to arrange as promised. After
our return from California | called upon
his majesty, the chairman of sewer COM
mittee, and was told in words, no ways
choice, that the council had decided to do
nothing about the patter, further that
if | ever had any rights | had for
feited them since the city had possession.
Again | consulted an attorney and learned
that | could proceed in different ways rs
the city was trespassing. The shortest
way would have been to use about three
feet square of sewer to hold dirt but as |
had no wish TO injure our common interest
because one man had failed to do his duty
| proceeded direct to the council; not for
damages but for rent of ground, trees de
stroyed unnecessarily and destroying pri-
vate drive. My claim is not for things
that could not be avoided, but for those
that could have been if one man had done
his duty as an official. The council are
evidently satisfied with my bill and propo-
sitlon for future rental as they continued
the matter in the hands of the committee
that have caused the present debt.
Respectfully, HENRY Is. FULLER.